CCPE(2016)1Prov

Strasbourg, 28 January 2016

CONSULTATIVE COUNCIL OF EUROPEAN PROSECUTORS(CCPE)

1.         Does the prosecution service in your country work strategically with ensuring quality in the work of prosecutors? If yes, how is that done?

First of all there is a clear strategy in the work of the state prosecutor for every single case. Acting of the state prosecutor and phases of the criminal proceedings are prescribed within the Criminal Procedure Code. State prosecutor leads the pre-investigation and investigation phase thus ensuring all the necessary actions are undertaken timely from the moment of commission of the criminal offence until the criminal proceeding.

Concerning organized crime and corruption, due to the special features and complexity of those cases it is established Special Prosecution Office specialized for combating organized crime, high corruption, terrorism and war crimes.

2.         Which criteria are considered crucial in your country for securing the highest quality and efficiency of the work of prosecutors: their independence, impartiality, human and material resources, conditions of work etc.? Please briefly describe.

Law on State Prosecution contains provisions on specific criteria for electing state prosecutor for the first time requiring written test and interview on which he/she needs to demonstrate motives, communication skills, ability to make decisions and solve conflicts and understanding of the role of prosecutor in the society. For a state prosecutor who wants advanced position in the service, decisive criteria is results of his/her previous work. Law on State Prosecution prescribes as decisive criteria for electing Head of Prosecutor’s Office is assessment on the proposed plan of work.

On the other side there are clear provisions on assessment  of the work of state prosecutors, criteria on quality and quantity of their work, ability of planning activities, skills for preparing the case, communication skills, ability to adapt to different circumstances in work and participation in different expert activities.  

3.         Are there any indicators, formal or informal, used in your country in order to assess the quality and efficiency of the work of prosecutors, for example, the number of cases considered, the length of the consideration, the complexity of the cases considered etc.? Please briefly describe.

There are special rules for assessment of the work of the state prosecutors and on the work of the Heads of Prosecution Offices in which are contained indicators of criteria and sub criteria on the quality and quantity of the work all followed by clear procedures for the process of assessment.

4.         Is there a formal or informal procedure for evaluation of the work of prosecutors, how often it is evaluated, by whom, and with what consequences? Do the prosecutors have the right to raise formal or informal objections to the results of the evaluation and to its consequences?

        State Prosecutors elected for mandates of 4 years shall be evaluated after 2 years of performing the function as well as on the end of the mandate. All the other prosecutors shall be evaluated every 3 years, with the exception of the state prosecutors working in the Supreme State Prosecutor’s Office.  For that purpose Prosecutorial Council forms a special commission for evaluation, which shall submit proposal of the evaluation to the evaluated prosecutor, who can state its objections to the results. Against the final decision of the commission prosecutor can launch administrative dispute.

5.         As regards the fight against organised crime and terrorism, are there any specific conditions, criteria, procedures or indicators created for prosecutors in your country in order to:

         - facilitate their work?

         - evaluate their work?

         With separate Law on Special State Prosecution Office (which is competent for cases of organized crime and terrorism) are defined: organization, competence, conditions for election of prosecutors, as well as provisions on cooperation with other institutions in order to facilitate work of prosecutors dealing with such a complex cases. Criteria for evaluation of their work are contained in Law on State Prosecution and are the same as for the other prosecutors.

6.         Are there in your country recent legislative reforms to fight more effectively against organised crime and terrorism and how are these reforms seen in relation to the quality and efficiency of the work of prosecutors? Please briefly describe.

Since 2010 reforms are being conducted in the area of judiciary. As a result of those reforms in July 2015 is established Special State Prosecution Office. With separate Law on Special State Prosecution Office it is regulated the competence of this Office which is dealing with criminal offences of organized crime, high corruption, terrorism and war crimes. As a result of this change it is increased number of prosecuted persons for those criminal offences. More detailed analysis of the impact of this change will be conducted in due time.

7.         Do you consider that current international conventions, as well as international organisations, like Eurojust, Europol and Interpol, are sufficient to effectively fight against organised crime and terrorism?

All the above mentioned instruments we find very efficient. Of course, we also see benefits in establishing more bilateral relations with the Prosecution Offices of the other states and in establishing joint investigative teams. Moreover, it is important to strengthen regional cooperation in Western Balkans and South East Europe.

8.         What are the major challenges in your country as regards the quality and efficiency of the work of prosecutors and, in particular, their fight against organised crime and terrorism?

Organized crime is specific type of crime which often is committed on the territories of a number of states. The other challenges are new technologies for perpetrating the crime, money transfers to off shore destinations with whom it is difficult to establish international legal assistance. Al the acts of organized crime requires timely reaction and requests for international legal assistance. The biggest challenge is tracing illicit money and property and freezing, seizing and confiscation of illegal assets. 

.